BILL NUMBER: SB 49 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 18, 2013
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE MAY 1, 2013
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Senators Lieu and Steinberg
(Principal coauthor: Assembly Member Olsen)
(Coauthor: Assembly Member Muratsuchi)
DECEMBER 19, 2012
An act to amend Sections 32280, 32281, 32282, 32285, 32286, and
32288 of, to add Sections 32286.1, 32288.1, and 32289.5 to, and to
repeal Section 32289 of, the Education Code, relating to school
safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 49, as amended, Lieu. School safety plans.
(1) Existing law provides that school districts and county offices
of education are responsible for the overall development of a
comprehensive school safety plan for each of their constituent
schools. Existing law requires the schoolsite council of a school to
write and develop the school safety plan relevant to the needs and
resources of the particular school. Existing law requires a
schoolsite council or school safety planning committee, before
adopting a school safety plan, to hold a public meeting at the
schoolsite, as specified. Existing law requires schools to forward
copies of their school safety plans to the school district or county
office of education for approval. Existing law requires school
districts and county offices of education annually to notify the
State Department of Education regarding schools that fail to adopt a
school safety plan.
This bill would revise and recast those procedures. The bill
would, among other things, require each school to adopt its
comprehensive school safety plan by March 1, 2014, and to review and
update its plan by March 1 of every 3rd year thereafter. The bill
would require specified administrators , no
later than October 15, 2014, and every 3rd year thereafter, each
superintendent of a school districts and
district or county offices
office of education to provide written notification to the
Superintendent of Public Instruction identifying each school within
the school district or county that has not complied with the
requirement to adopt, and periodically review and update, a
comprehensive school safety plan. The bill would require the
department to monitor compliance with these provisions using an
existing monitoring framework. By requiring school and local
educational agency officers to perform additional duties, the bill
would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 32280 of the Education Code is amended to read:
32280. (a) It is the intent of the Legislature that all
California public schools, in kindergarten, and grades 1 to 12,
inclusive, operated by school districts, in cooperation with local
law enforcement agencies, community leaders, parents, pupils,
teachers, administrators, and other persons who may be interested in
the prevention of campus crime and violence, develop a comprehensive
school safety plan that addresses the safety concerns identified
through a systematic planning process.
(b) (1) For purposes of this article, law enforcement agencies
include local police departments, county sheriffs' offices, school
district police or security departments, probation departments, the
Attorney General, any district attorney, or any city attorney.
(2) For purposes of this article, "safety plan" means a plan to
develop strategies aimed at the prevention of, and education about,
potential incidents involving crime and violence on the school
campus.
(3) For purposes of Sections 32281 and 32282, "principal" includes
the principal's designee and "administrator in charge"
includes the designee of the administrator in charge .
SEC. 2. Section 32281 of the Education Code is amended to read:
32281. (a) Each school district and county office of education is
responsible for the overall development of all comprehensive school
safety plans for its schools operating kindergarten or any of grades
1 to 12, inclusive.
(b) (1) Except as provided in subdivision (d) with regard to a
small school district, the schoolsite council established pursuant to
former Section 52012, as it existed before July 1, 2005, or Section
52852 shall write and develop a comprehensive school safety plan
relevant to the needs and resources of that particular school.
(2) The schoolsite council may delegate this responsibility to a
school safety planning committee made up of the following members:
(A) The principal or the administrator in charge of a
school without a principal .
(B) One teacher who is a representative of the recognized
certificated employee organization.
(C) One parent whose child attends the school.
(D) One classified employee who is a representative of the
recognized classified employee organization.
(E) Other members, if desired.
(3) The schoolsite council shall consult with a representative
from a law enforcement agency in the writing and development of the
comprehensive school safety plan.
(4) In the absence of a schoolsite council, the members specified
in paragraph (2) shall serve as the school safety planning committee.
(c) Nothing in this article shall limit or take away the authority
of school boards as guaranteed under this code.
(d) (1) Subdivision (b) shall not apply to a small school
district, as defined in paragraph (2), if the small school district
develops a districtwide comprehensive school safety plan that is
applicable to each schoolsite.
(2) As used in this article, "small school district" means a
school district that has fewer than 2,501 units of average daily
attendance at the beginning of each fiscal year.
(e) (1) If a principal , or the administrator in charge
of a school without a principal, verifies through local law
enforcement officials that a report has been filed of the occurrence
of a violent crime on the schoolsite of an elementary or secondary
school at which he or she is the principal or administrator
in charge , the principal or administrator in
charge may send to each pupil's parent or legal guardian
and each school employee a written notice of the occurrence and
general nature of the crime. If the principal or
administrator in charge chooses to send the written notice,
the Legislature encourages the notice be sent no later than the end
of business on the second regular workday after the verification. If,
at the time of verification, local law enforcement officials
determine that notification of the violent crime would hinder an
ongoing investigation, the notification authorized by this
subdivision shall be made within a reasonable period of time, to be
determined by the local law enforcement agency and the school
district. For purposes of this section, a "violent crime" means a
Part 1 violent crime as defined in paragraph (2) of subdivision (i)
of Section 67381 and is an act for which a pupil could or would be
expelled pursuant to Section 48915.
(2) Nothing in this subdivision shall create any liability in a
school district or its employees for complying with paragraph (1).
(f) (1) Notwithstanding subdivision (b), a school district or
county office of education may, in consultation with law enforcement
officials, elect to not have its schoolsite council develop and write
those portions of its comprehensive school safety plan that include
tactical responses to criminal incidents that may result in death or
serious bodily injury at the schoolsite. The portions of a school
safety plan that include tactical responses to criminal incidents may
be developed by administrators of the school district or county
office of education in consultation with law enforcement officials
and with a representative of an exclusive bargaining unit of
employees of that school district or county office of education, if
he or she chooses to participate. The school district or county
office of education may elect not to disclose those portions of the
comprehensive school safety plan that include tactical responses to
criminal incidents.
(2) As used in this article, "tactical responses to criminal
incidents" means steps taken to safeguard pupils and staff, to secure
the affected school premises, and to apprehend the criminal
perpetrator or perpetrators.
(3) Nothing in this subdivision precludes the governing board of a
school district or county office of education from conferring in a
closed session with law enforcement officials pursuant to Section
54957 of the Government Code to approve a tactical response plan
developed in consultation with those officials pursuant to this
subdivision. Any vote to approve the tactical response plan shall be
announced in open session following the closed session.
(4) Nothing in this subdivision shall be construed to reduce or
eliminate the requirements of Section 32282.
SEC. 3. Section 32282 of the Education Code is amended to read:
32282. (a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:
(1) Assessing the current status of school crime committed on
school campuses and at school-related functions.
(2) Identifying appropriate strategies and programs that will
provide or maintain a high level of school safety and address the
school's procedures for complying with existing laws related to
school safety, which shall include the development of all of the
following:
(A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of
the Penal Code.
(B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
et seq.). The disaster procedures shall also include, but not be
limited to, both of the following:
(i) Establishing an earthquake emergency procedure system in every
public school building having an occupant capacity of 50 or more
pupils or more than one classroom. A district or county office may
work with the California Emergency Management Agency and the Seismic
Safety Commission to develop and establish the earthquake emergency
procedure system. The system shall include, but not be limited to,
all of the following:
(I) A school building disaster plan, ready for implementation at
any time, for maintaining the safety and care of pupils and staff.
(II) A drop procedure whereby where
each pupil and staff member takes cover under a table or desk,
dropping to his or her knees, with the head protected by the arms,
and the back to the windows. A drop procedure practice shall be held
at least once each school quarter in elementary schools and at least
once each semester in secondary schools.
(III) Protective measures to be taken before, during, and
following an earthquake.
(IV) A program to ensure that pupils and both the certificated and
classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.
(ii) Establishing a procedure to allow a public agency or
nongovernmental organization, including the American Red Cross, to
use school buildings, grounds, and equipment for mass care and
welfare shelters during disasters or other emergencies affecting the
public health and welfare. The school district or county office of
education shall cooperate with the public agency or nongovernmental
organization in furnishing and maintaining the services as the school
district or county office of education may deem necessary to meet
the needs of the community.
(C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts which would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of
Part 27 of Division 4 of Title 2.
(D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2 (commencing
with Section 200) of Part 1.
(F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing "gang-related
apparel," if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
"gang-related apparel." The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could be
determined to threaten the health and safety of the school
environment. Any schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus and
at any school-sponsored activity by the principal of the school
or the administrator in charge of a school without a
principal . For purposes of this paragraph, "gang-related
apparel" shall not be considered a protected form of speech pursuant
to Section 48950.
(G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
(H) A safe and orderly environment conducive to learning at the
school.
(I) Procedures related to individuals with guns on school campuses
and at school-related functions, including, but not limited to,
training programs related to active shooters and active terrorists.
(J) The rules and procedures on school discipline adopted pursuant
to Sections 35291 and 35291.5.
(b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources, including
the materials and services of the partnership, pursuant to this
chapter. It is also the intent of the Legislature that schools use
the handbook developed and distributed by the School/Law Enforcement
Partnership Program entitled "Safe Schools: A Planning Guide for
Action" in conjunction with developing their plan for school safety.
(c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership as
authorized by Section 32285.
(d) Each schoolsite council or school safety planning committee in
developing and updating a comprehensive school safety plan shall,
where practical, consult, cooperate, and coordinate with other
schoolsite councils or school safety planning committees.
(e) The comprehensive school safety plan may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated at least once a year by
March 1, 2014, and every third year thereafter , to ensure that
the comprehensive school safety plan is properly implemented. An
updated file of all safety-related plans and materials shall be
readily available for inspection by law enforcement and school
employees.
(f) As comprehensive school safety plans are reviewed and updated,
the Legislature encourages all plans, to the extent that resources
are available, to include policies and procedures aimed at the
prevention of bullying.
SEC. 4. Section 32285 of the Education Code is amended to read:
32285. (a) The governing board of a school district, on behalf of
one or more schools within the district that have developed a school
safety plan, may apply to the Superintendent for a grant to
implement school safety plans. The partnership may award grants for
school safety plans that include, but are not limited to, the
following criteria:
(1) Assessment of the recent incidence of crime committed on the
school campus.
(2) Identification of appropriate strategies and programs that
will provide or maintain a high level of school safety.
(3) Development of an action plan, in conjunction with local law
enforcement agencies, for implementing appropriate safety strategies
and programs, and determining the fiscal impact of executing the
strategies and programs. The action plan shall identify available
resources which will provide for implementation of the plan.
(b) The Superintendent shall award grants pursuant to this section
to school districts for the implementation of individual school
safety plans in an amount not to exceed five thousand dollars
($5,000) for each school. A grant shall not be made unless the school
district makes available, for purposes of implementing the school
safety plans, an amount of funds equal to the amount of the grant.
Grants shall be awarded through a competitive process, based upon
criteria including, but not limited to, the merit of the proposal and
the need for imposing school safety, based on school crime rates.
(c) Any school receiving a grant under this section shall submit
to the Superintendent verified copies of its schoolsite crime report
annually for three consecutive years following the receipt of the
grant to study the impact of the implementation of the school safety
plan on the incidence of crime on the campus of the school.
SEC. 5. Section 32286 of the Education Code is amended to read:
32286. (a) Each school shall adopt its comprehensive school
safety plan by March 1, 2014, and shall review and update its plan by
March 1 of every third year thereafter. A new school campus that
begins offering classes to pupils after March 1, 2001, shall adopt a
comprehensive school safety plan within one year of initiating
operation, and shall review and update its plan by March 1 of every
third year thereafter.
(b) No later than July 31 of every third year, the principal
or administrator in charge of a school without a principal
shall accurately report on the status of the school's
safety plan for the upcoming school year, including a description of
its key elements in the annual school accountability report card
prepared pursuant to Sections 33126 and 35256. The report shall
include, but is not limited to, whether or not a school safety plan
was adopted for the upcoming year, the date the school safety plan
was adopted and a description of the safety plan's elements as set
forth in Section 32282.
(c) Each school principal or administrator in charge of a
school without a principal shall provide written or
electronic notice to each teacher and classified employee of
that school that the adopted school safety plan is readily
available for inspection.
SEC. 6. Section 32286.1 is added to the Education Code, to read:
32286.1. No later than October 15 of each year
, 2014, and every third year thereafter , each
superintendent of a school district or county office of education
, or each administrator in charge of a district or county
office without a superintendent, shall provide written
notification to the Superintendent identifying each school within the
school district or county that has not complied with Section 32281
or subdivision (b) of Section 32286 for that school year.
SEC. 7. Section 32288 of the Education Code is amended to read:
32288. (a) In order to ensure compliance with this article, each
school shall forward its comprehensive school safety plan to the
school district or county office of education for approval.
(b) (1) (A) Before adopting its comprehensive school safety plan,
the schoolsite council or school safety planning committee shall hold
a public meeting at the schoolsite in order to allow members of the
public the opportunity to express an opinion about the school safety
plan.
(B) Confidential information relating to tactical responses to
criminal incidents, pursuant to paragraph (1) of subdivision (f) of
Section 32281, shall not be included at the public meeting.
(2) The schoolsite council or school safety planning committee
shall notify, in writing, the following persons and entities, if
available, of the public meeting:
(A) The local mayor.
(B) A representative of the local school employee organization.
(C) A representative of each parent organization at the
schoolsite, including the parent teacher association and parent
teacher clubs.
(D) A representative of each teacher organization at the
schoolsite.
(E) A representative of the student body government.
(F) All persons who have indicated they want to be notified.
(3) The schoolsite council or school safety planning committee is
encouraged to notify, in writing, the following persons and entities,
if available, of the public meeting:
(A) A representative of the local churches.
(B) Local civic leaders.
(C) Local business organizations.
(c) In order to ensure compliance with this article, each school
district or county office of education shall annually
notify the department by October 15 , 2014, and every
third year thereafter, of any schools that have not complied
with Section 32281.
SEC. 8. Section 32288.1 is added to the Education Code, to read:
32288.1. (a) Each principal or administrator in charge
of a school without a principal shall keep and maintain a
copy of the most recent comprehensive school safety plan for that
school.
(b) Each superintendent of a school district or county office of
education , or each administrator in charge of a district or
county office without a superintendent, shall keep and
maintain a copy of the most recent comprehensive school safety plan
filed pursuant to Section 32288 and a copy of every notification made
pursuant to Section 32286.1.
(c) (1) All books, documents, records, and
other papers kept and maintained pursuant to subdivisions (a) and (b)
shall be open for inspection and copying , at a district office
or a school, on business days, excluding legal holidays,
during the hours of 9 a.m. to 5 p.m., inclusive, within 48 hours of a
written, verbal, or electronic request by a law enforcement agency
described in Section 32280.
(2) An electronic version of a book, document, record, or other
paper shall be sufficient to satisfy the requirements of paragraph
(1).
SEC. 9. Section 32289 of the Education Code, as added by Section 1
of Chapter 272 of the Statutes of 2004, is repealed.
SEC. 10. Section 32289.5 is added to the Education Code, to read:
32289.5. The department shall monitor compliance with this
article using an existing monitoring framework.
SEC. 11. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.